131 Ga. 21 | Ga. | 1908
(After stating the foregoing facts.)
While the principle involved in the charge might have been more aptly expressed (see Mann v. State, 124 Ga. 760, 53 S. E. 324, 4 L. R. A. (N. S.) 934; Burley v. State, 130 Ga. 343, 60 S. E. 1006), the objections to the charge are without merit. The first objection deserves no further comment. As to the second, we will only say that it is difficult to understand how the jury could give the prisoner’s statement any effect whatever if they believed it unworthy of credit. Moreover, the court followed this charge with
The judgment refusing a new trial must be reversed for errors in the charge as shown in the fourth and fifth divisions of this opinion.
Judgment reversed.